Practice Area:DUI / DWI
Outcome:Not Guilty following an Appeal to Superior Court
Description:On Memorial Day weekend, my client encountered a roadblock outside of Lak Allatoona. She was given field sobriety evaluations which did not show significant signs of impairment. However, she was still arrested for DUI and blew a .111. We had a trial in the Probate Court. The trial Judge convicted her despite the State's inability to prove that the roadblock where she was stopped, was set up lawfully. It is the State's burden to prove that the roadblock comported with the Fourth Amendment, however, even though I argued this at trial, the judge still convicted. Fortunately, I had the case transcribed (written down) and we appealed the case to the Superior Court. I filed a memorandum explaining to the Superior Court judge why the trial court erred. The Superior Court judge agreed and signed my order reversing the trial court's decision. My client took the order downstairs to the Probate Court and had the DUI removed from her record. This case was a ton of work, but it was well worth it given the fantastic result.